TERMS

Affiliate Terms and Conditions As an authorized affiliate (Affiliate) of EnSpice Inc. you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting EnSpice Inc. as an Affiliate. Your participation in the Program is solely to legally advertise our website or products to receive a commission on products purchased by individuals. By signing up for the EnSpice Inc. Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.

1. Approval or Rejection of the Application

We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.

2. Commissions

Commissions will be paid once a month, NET 30. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 30 days. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out. Affiliates will be paid via Paypal.

3. Termination

Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:

·       Inappropriate advertisements (false claims, misleading hyperlinks, etc.).

·       Spamming (mass email, mass newsgroup posting, etc.). • Advertising on sites containing or promoting illegal activities.

·       Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.

·       Violation of intellectual property rights: EnSpice Inc. reserves the right to require license agreements from those who employ trademarks of EnSpice Inc in order to protect our intellectual property rights.

·       Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive.

·       Self referrals, fraudulent transactions, suspected Affiliate fraud. In addition to the foregoing, EnSpice Inc. reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.

4. Affiliate Links

You may use graphic and text links both on your website and within in your email messages. You may also advertise the EnSpice Inc. site in online and offline classified ads, magazines, and newspapers. You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3 and they are approved by EnSpice Inc.

5. Coupon and Deal Sites

EnSpice Inc. occasionally offers coupon to select affiliates and to our newsletter subscribers. If you’re not pre-approved / assigned a branded coupon, then you’re not allowed to promote the coupon. Below are the terms that apply for any affiliate who is considering the promotion of our products in relation to a deal or coupon:

·       Affiliates may not use misleading text on affiliate links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.

·       Affiliates may not bid on EnSpice Inc. Coupons, EnSpice Inc. Discounts or other phrases implying coupons are available.

·       Affiliates may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Your link must send the visitor to the merchant site.

·       User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).

6. Pay Per Click (PPC) Policy

PPC bidding is NOT allowed without prior written permission.

7. Liability

EnSpice Inc. will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s). We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by EnSpice Inc.. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.

8. Term of the Agreement

The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated. The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any changes.

9. Indemnification

Affiliate shall indemnify and hold harmless EnSpice Inc. and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by EnSpice Inc. to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.

10. Governing Law, Jurisdiction, and Attorney Fees

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Delaware. Any dispute arising under or related in any way to this Agreement shall be adjudicated exclusively in the state courts located in Delaware. In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

11. Electronic Signatures

Effective The Agreement is an electronic contract that sets out the legally binding terms of your participation in the EnSpice Inc. affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Share a Sale and/or EnSpice Inc. application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

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